John Doe A v. Wash. State Patrol, 185 Wn. 2d 363

Summary

The Washington Supreme Court considered whether RCW 4.24.550, concerning dissemination of registered sex offender information, constituted an “other statute” exemption under the Public Records Act. The court held that the statute did not expressly prohibit or exempt the blanket release of level I sex offender registration information in response to a public records request and reversed the trial court’s injunction. The court also held that the requester was not entitled to attorney fees, costs, or penalties.

Holdings

1. RCW 4.24.550, including RCW 4.24.550(3)(a), is not an "other statute" under RCW 42.56.070(1) because it does not expressly prohibit or exempt the requested level I sex-offender registration records from disclosure. The records therefore are subject to disclosure under a Public Records Act request.
2. Zink was not entitled to attorney fees, costs, or per diem penalties under the Public Records Act because she prevailed against private parties seeking to prevent disclosure, not against an agency.

Questions Presented

1. Whether RCW 4.24.550, particularly RCW 4.24.550(3)(a), is an "other statute" under RCW 42.56.070(1) that exempts level I sex-offender registration information from disclosure under a Public Records Act request.
2. Whether Zink was entitled to attorney fees, costs, or statutory penalties after prevailing on the disclosure issue against private parties rather than against an agency.

Disposition

reversed